Ewing, NJ Bankruptcy Law Firms & Lawyers

You need to ask this question to a Texas bankruptcy attorney, perhaps one in PA too. In Florida a discharge will wipe out the debt on the house, it probably will in other states as well.

Your question is confusing because you are asking about a motion to avoid a second mortgage lien and a dismissal of a 2nd mortgage. Preparing a motion to avoid a second mortgage lien requires that you obtain a certified residential appraisal showing that you qualify to avoid the lien. You would be responsible for obtaining and paying for that appraisal. If you have done this, what arrangements have you made to pay your attorney for this substantial additional work? Some Chapter 13 attorneys handle this kind of matter quite often, but those who don?t can expect to spend 6 ? 10 hours to prepare the motion. Then the motion needs to be calendared with the court (about 6 ? 8 weeks out) and noticed according to some very specific rules. If your attorney isn?t up for this, she should have said so when she ran into trouble or turned to someone with experience for assistance. But what difference any of this means to your 1st mortgage company has me perplexed. A loan modification doesn?t change the position of a mortgage and this demand is not warranted by the terms of either the bankruptcy code or any loan modification program. Oh, and btw, a 2nd mortgage doesn?t get dismissed. Avoiding is not the same as dismissal & if you chose to use legal terms, it helps to understand what those terms mean.

I would make application to extend time, allow the Discharge, and just delay case closing. Chapter 13 Trustee's have a lot of work to do to close case.